Public Records Law Request: Records on "#EnoughIsEnough:Justice for Eric Garner"

To Whom It May Concern:

This letter constitutes a request under the Massachusetts Public Records Law (“PRL”), M.G.L. c.66, §10, by independent journalist Joshua Eaton to the Boston Police Department's Boston Regional Intelligence Center ("BRIC").

For purposes of this request, the definition of “records” includes, but is not limited to, documents, letters, faxes, memoranda, notes, reports, e-mail messages (including e-mails to and from personal e-mail accounts), other correspondence, orders, policy statements, data, technical evaluations or analysis, intelligence reports, video recordings, audio recordings, Use of Force Reports, Field Interaction/Observation/Encounter Reports, and studies. The definition of “records” expressly refers to materials already in existence, whether in physical or electronic form, and does not imply any need for BRIC to create new records.

I seek disclosure of any and all records or communications prepared, received, transmitted, collected and/or maintained by BRIC relating or referring to the event "#EnoughIsEnough: Justice for Eric Garner" (https://www.facebook.com/events/559470887517841/561337893997807), which began on Boston Common on Dec. 4, 2014 and then moved to several locations in and around Boston.

My request includes, but is not limited to, any and all records that document any collection of information about, monitoring, surveillance, observation, and/or infiltration of "#EnoughIsEnough: Justice for Eric Garner" by any means whatsoever, including, but not limited to, surveillance of social media accounts, use of cell-site simulators/IMSI catchers/Stingrays/Dirtboxes, use of facial-recognition technology, and/or use of undercover officers or informants.

I also request that, if appropriate, fees be waived, as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records.

I am a professional journalist who regularly writes about privacy, surveillance, and human rights for outlets that include the Washington Post, the Boston Globe, the Christian Science Monitor, Public Radio International, and Al Jazeera America. You can find a complete list of my publications at https://joshuaeaton.net/clips. My résumé is at https://joshuaeaton.net/resume.

My ongoing relationship with these and other outlets ensures that any articles I write based on these documents will be published by a major mainstream media outlet and distributed for free to the public at large.

I am requesting these documents as part of the news-gathering process and not for commercial usage. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and processed by me as a representative of the news media/press.

Pursuant to applicable regulations and statute, I expect the determination of this request for documents within 10 calendar days of your receipt of this request. See the Massachusetts Public Records Law, M.G.L. c.66, §10.

I further expect this request to be filled in a format that is accessible — including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, but are not limited to, .pdf image files and physical documents.

If this request is denied, in whole or in part, please justify all deletions by reference to specific exemptions to PRL. The Boston Police Department must also release all segregable portions of otherwise exempt material. I reserve the right to appeal any decision to withhold any information in whole or in part. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you for your time and attention.

Sincerely,
Joshua Eaton

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 19, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

MASSACHUSETTS PUBLIC RECORDS LAW APPEAL:
_________________________________

To Whom It May Concern:

I'm writing to appeal the Boston Police Department's constructive denial of my request for records under the Massachusetts Public Records Law, M.G.L. c.66, §10.

On June 23, 2015, I made the follow request for records to the Boston Police Department (BPD):

" I seek disclosure of any and all records or communications prepared, received, transmitted, collected and/or maintained by BRIC relating or referring to the event "#EnoughIsEnough: Justice for Eric Garner" (https://www.facebook.com/events/559470887517841/561337893997807), which began on Boston Common on Dec. 4, 2014 and then moved to several locations in and around Boston. My request includes, but is not limited to, any and all records that document any collection of information about, monitoring, surveillance, observation, and/or infiltration of "#EnoughIsEnough: Justice for Eric Garner" by any means whatsoever, including, but not limited to, surveillance of social media accounts, use of cell-site simulators/IMSI catchers/Stingrays/Dirtboxes, use of facial-recognition technology, and/or use of undercover officers or informants."

BPD acknowledged receipt of my request on June 23, 2015. However, BPD has not issued a response to my request within 10 calendar days, as required by the statute. BPD also has not responded to my email inquiry as to the status of this request, sent on July 8, 2015.

Please note that this request for record is a resubmission of a previous request for the same records, to which BPD also failed to respond.

I consider BPD's inaction a constructive denial of my request for records under the Massachusetts Public Records Law, M.G.L. c.66, §10, and I appeal this adverse determination in its entirety.

Thank you for your time and attention in this matter.

Sincerely,
Joshua Eaton

To Whom It May Concern:

A copy of the public records appeal has been sent to the Massachusetts Secretary of State.

Thank you.